Shin v. Shin CA2/2

Filed 1/11/21 Shin v. Shin CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

SUN HYANG SHIN, B303153

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 19STRO06029) v.

HAI-JIN HELENA SHIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Audra Mori, Judge. Dismissed.

Hai-Jin Helena Shin, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

______________________________

Defendant and appellant Hai-Jin Helena Shin challenges a restraining order issued to protect appellant’s mother, plaintiff and respondent Sun Hyang Shin, from appellant. While this appeal was pending, respondent passed away, rendering this appeal moot. Accordingly, we dismiss appellant’s appeal. FACTUAL AND PROCEDURAL BACKGROUND Respondent was a resident at Country Villa Wilshire Convalescent Center (the nursing home), a skilled nursing facility for elderly people. On or about August 13, 2019, appellant went to the nursing home with hard food to feed respondent, even though respondent had a problem with swallowing and could only eat soft food. When nursing home staff asked appellant to stop feeding her mother, appellant yelled and screamed at nurses and made threats to staff. She was very disruptive to staff and other residents of the nursing home. On August 29, 2019, respondent’s son filed a petition for a restraining order on behalf of respondent, seeking an order that would restrain appellant “from bring[ing] any hard or regular food to [respondent] any more and . . . from being disruptive to staff and residents of [the nursing home], for example, yelling and screaming at staff and residents.” Appellant opposed the request. A temporary restraining order was issued on August 30, 2019, enjoining appellant from feeding respondent in violation of doctor’s orders. Approximately two weeks later, on September 19, 2019, the trial court held a hearing on the request for a permanent restraining order. Appellant did not appear at the hearing. Respondent’s son testified that his mother was a resident at the nursing home, that her diet was severely restricted, and that appellant had been trying to feed her solid